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VLSI_Engineer (Senior Engineer)     16 May 2013

Forced to serve the company more than notice period

Hi ,

   I am working as an Engineer in a software company in Bangalore since last 5 years. Now i have opted to move out to a different organization. So i had put down my regignation on 13th May 2013. In my regignation mail i have clearly mentioned to releave me as per company norms. Now my manager is having a discussion with me and saying he may not releave me even if i serve my entire duration of Notice period i.e. 2 months. So here are my quries..

 

1) Can an employeer in a position not to accept any ones resignation? 

2)Can an employer force employee to serve more than notice period? In my case i am ready to serve the full notice period , but he is telling company and the client and the relation,reputation between them will be spoiled so he can not releaving me. Can he do this? The appointment letter says the notice period is 2 months and employee can be relieved after 2 months subject to acceptance of client. Now in this client may not accept it at any time.

 

Could some one please help me in this?



Learning

 1 Replies

Kumar Doab (FIN)     16 May 2013

 

 

Resignation should be addressed and submitted under proper acknowledgment to appointing authority.

 

Subsequent to notice of resignation, you may submit another representation addressed to good offices of your appointing authority, MD, Chairman, Company Secretary (by redg. pos. Avoid speed post/courier) mentioning the reference of notice of resignation already submitted and handed over/supplied to………..Mr/Ms……….designation/Dept/name of company/address………….and that a copy is enclosed, and state that as per clause number…………in appointment letter .dated……….issued to you, you are submitting notice of resignation dated……….. with notice period of ………..days, effective date of resignation/last day in office dated………………..and demand that an acknowledgment + acceptance be supplied to you by redg. post only and that a postage prepaid ( as purchased from PO) self addressed envelope is enclosed for sending the redg. post you at your address…………….{( current/permanent as suitable to you) as already in records of the company}.

 

You may narrate that Mr/Ms………. designation/Dept/name of company/address………….on dated in office (mention address) has stated verbally to you that even after expiry of the notice period the resignation shall not be accepted by the good offices of appointing authority, MD, Chairman, Company Secretary, and good offices are requested to withdraw this statement of Mr/Ms…………immediately, and provide relief to you.

 

You may also mention that routine duties be assigned to you which can be completed within and up to dated………………and necessary arrangements be made to complete the exit formalities if any with proper information to you in writing within and up to your last day in office i.e. dated……………….and acceptance of final resignation, work experience/service certificate, relieving letter, correct FNF statement with all payables e.g. leave encashment/incentives/reimbursements/performance pay/Gratuity etc computed in it ( submit FormI for Gratuity 1 month before expiry of notice), payment of FNF dues by bank DD only, Form 16 as per correct FNF statement, PF number, PF number, attested copies of PF withdrawal/transfer forms ( employee shall submit the forms by self to PF office. Do not forget to submit PF forms under proper acknowledgment.), NOC/NDC etc……..be supplied to you with in office hours of dated…………

 

You may mention that good offices should supply you in writing to whom you should handover the charge and company property if any..

 

You may also mention that you have completed all tasks/assignments on hand and nothing is pending at your end as on date……….

 

You may mention that you have already firmed up your next venture and if company wants you train any other employee you may do so within and up to your last day in office i.e. dated……….. and therefore company should designate an employee as your replacement sufficiently in advanced and your notice of 2 months is more than sufficient………..

 

You may submit reminders and on last day in office submit Final Resignation under proper acknowledgment.

 

You must update your next employer preferably in writing that as per offer letter dated………..you have submitted your notice of resignation but your current employer is unwilling to accept your resignation and relieve you, and you can not submit other than copy of notice of resignation/proof of dispatch and company should appoint you based on these only……………

Let the future employer revert and arrange accordingly.

 

Resignation can be without permission or notice.

 

 

You may fine tune your representation as deemed fit and suitable to you.

 

 

The IT/ITeS companies are covered by Shops and Commercial establishments Act of Karnataka. You may go thru Section:

2 Definitions: g,h……

 

6A, 15, 18, 21,22, 27, 29, 34,

 

39: Notice of Dismissal: Max notice period is 1 month.

(7); The notice period of 2 months and clause of acceptance by client is obviously beneficial to employer and detrimental to employee  

 

 

The blanket exemption granted to IT/ITeS companies from the provisions of IESO Act (Standing Orders) has been withdrawn and all companies were to submit their Draft standing orders within Dec2012 for certification by Marc2013, till then Model Standing Orders shall apply.

 

You may go thru section 11, 15, 17, 18………..

13.  Termination of employment.-- (3)             Where the employment of any workmen is terminated, the wages earned by him and other dues, if any, shall be paid before the expiry of the second working day from the day on which his employment is terminated.

 

16.  Certificate on termination of service.--Every permanent  workman shall be entitled to a service certificate at the time of his dismissal, discharge or retirement from service.

 

NOTE. - There is a provision under  this  Act for issuing a service certificate at the time of  dismissal, discharge or retirement and every person is entitled to take such certificate.

If needed you may get in touch with union for IT/ITeS employees:

 

https://www.itecentre.co.in/

Contact Us

Please contact us on
mail id : contact@itecentre.co.in.
ph : 9620907912

Please Join ITEC group for discussion among IT-BPO employees. To join the group, please send a blank mail to itec_bangalore-subscribe@yahoogroups.com

 

https://ithiworld.wikispaces.com/News+Update

ITHI, a forum
of women employees in IT and ITeS

 

 

And other Trade Unions

 

And a lawyer/law firm.


Attached File : 506208070 karnataka shops and commercial establishment act.pdf, 506208070 list of labor officials in banglore.doc, 506208070 trade unions in karnataka.doc downloaded: 104 times

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